Saturday, July 23, 2011

FreeDominion Appeal Court Ruling to Protect Anonymity of Users - CCLA set to intervene in John Doe Appeal again!

From FreeDominion:  


On July 28, 2011, there will be a hearing in Ottawa where we will be asking for leave to appeal the Blishen decision in the John Doe case.

To refresh your memory, this is part of a long battle over the personal information of John Doe posters who have been sued for defamation by Richard Warman. Warman brought a motion to the court asking for that information, and the judge ordered us to turn it over. We appealed that decision to Divisional Court where the Canadian Civil Liberties Association and the Canadian Internet Policy and Public Interest Clinic intervened and argued that anonymous posters should not be unmasked automatically upon the mere allegation of defamation. We won the appeal and the Divisional Court devised a test that must be met before that information would be ordered to be turned over. Richard Warman took us back to a motions judge where the judge was to apply the new test and decide if the information should be turned over.

After a lengthy deliberation, the judge reached her verdict, and she decided against us. We don't believe that she applied the new test correctly, and the CCLA agrees with us so strongly that they are submitting their own affidavit for the motion for leave to appeal.

We are so thankful that the CCLA sees how important this issue is, and that they are willing to step up and help us again.

Here is their affidavit:

Please pass along this information and try to make it to our hearing on the 28th. (This has been moved from the 22nd)

It is very important that we have supporters in the court room so that the judge will see that this is an important issue.




If you’re in Ottawa, pass by the court house and show your support for freedom of speech.  This is a huge case for freedom of expression.  The amazing civil liberties lawyer Barbara Kulaszka is once again representing FreeDominion.  And the Canadian Civil Liberties Association may also be present.  It is well worth your time to just go by and hear the submissions of Barbara Kulaszka.  She is a fantastic presenter and her submissions are always clear, concise and thought provoking.



July 28, 2011

Ontario Superior Court

161 Elgin St
Ottawa, ON


[Google Map]


Ask at information counter for the court room number.



More information at: